What was the outcome of Tenancy Tribunal case 4864509?

The tribunal order states: Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku

How much money was awarded in case 4864509?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,924.29 awarded to landlord; Water Rates: $220.24 awarded to landlord

What type of tenancy dispute was case 4864509?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4864509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10574626-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4864509?

The tribunal order states: Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku

How much money was awarded in case 4864509?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $2,924.29 awarded to landlord; Water Rates: $220.24 awarded to landlord

What type of tenancy dispute was case 4864509?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4864509?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10574626-Tenancy_Tribunal_Order.pdf.

18 Greenmeadows Avenue, Manurewa East, Auckland Tenancy Tribunal Case 4864509 — Rent arrears

Claims and awards in Tenancy Tribunal application 4864509 — net $3,164.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$2,924.29	Rent arrears to 12 July 2024
Water rates	$220.24	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,164.97
Total payable by Tenant to Landlord	$3,164.97

Order

Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku owes Reliance Property Management Limited $3,164.97 (“the debt”) as detailed in the table below.
Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku must pay rent and the debt as follows: a. By one payment of $560.00 being rent to be paid on Saturday, 13 July 2024. b. By two payments of $860.00, being $760.00 for rent and $100.00 for the debt. The first payment to be made on Saturday, 20 July 2024 and the second to be made on Saturday, 27 July 2024. c. By four weekly payments of $780.00, being $760.00 for rent and $20.00 for the debt to be paid weekly on Saturdays. The first payment to be on 3 August 2024 and every Saturday thereafter, with the final payment being on 17 August 2024. d. By one final payment of $2,884.97, being rent arrears, water rates and the filing fee, to be paid immediately following termination of the tenancy.
The tenancy will terminate at 5:00pm on Tuesday, 20 August 2024 by consent of the landlord and tenant.
If the tenant fails to pay any of the matters specified in paragraph [2] above within 2 working days of the due dates: a. The tenancy at 18 Greenmeadows Avenue, Manurewa East, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku must pay Reliance Property Management Limited $3,164.97, being rent arrears to 12 July 2024, water rates and the filing fee.

Reasons

The landlord attended the hearing by telephone. Apikale Vaenuku and Hatene Vaenuku attended the hearing on behalf of four tenants.
The landlord has applied for termination of the tenancy, rent arrears and outgoings. The tenant agrees that the tenancy should be terminated but wants to remain in the property until 20 August 2024.
As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities.

Should an order for conditional termination be made?

The landlord’s application was filed on 17 April 2024. Termination was sought under section 56(1) of the Residential Tenancies Act 1986, as the tenant had been sent a 14-day notice to remedy rent arrears of $794.29 on 3 April 2024 and failed to do so. At the date the application was filed, the tenant was in arrears of $1,164.29 (10 days).
Section 56(2) of the Residential Tenancies Act 1986 requires the Tribunal to determine an application initially made by a landlord under section 56 under section 55 instead where, at the time of the hearing, the landlord could have made an application under section 55. In the present case, the landlord could have made an application under section 55, as the tenant was more than 21 days in arrears at the date of the hearing. At the date of the hearing, the tenant was in arrears of $2,924.29 (27 days).
Under section 55(1)(a) and (1A) of the Residential Tenancies Act 1986, the Tribunal must make either a final or conditional termination order where the rent is at least 21 days in arrears.
Throughout the tenancy, the tenant has been in a state of arrears at one time or another. The arrears began to consistently increase from early April 2024 up until the date of the hearing on 12 July 2024. Apikale Vaenuku advised the Tribunal that they this was because each tenant contributed a certain amount towards the total rent payment. Unfortunately, some tenants were not reliable in their co- payment of rent and she had to frequently follow them up.
The tenant agreed that the tenancy should terminate and sought until 20 August 2024 to get their affairs in order. The landlord was agreeable to this, provided that the tenant pay rent when due and make a small contribution towards the repayment of the debt in the meantime. The landlord advised the Tribunal that they intended to recoup most of the debt from the bond at the end of the tenancy.
Apikale Vaenuku advised the Tribunal that she would personally assume responsibility for the payment of rent between now and the end of the tenancy on 20 August 2024. Mrs Vaenuku submitted that the Tribunal could be assured that the rent would be paid on time, as there would be no need for her to chase other tenants for payment and there would not be any further breaches between now and the end of the tenancy.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I therefore find that they have proven this claim. Water rates
The landlord has applied for payment of outstanding water invoices and has provided invoices from the relevant water rates authority proving the amount owing. I therefore find that they have proven this claim. Filing fee
Because Reliance Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4864509 — net $3,164.97 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 12 July 2024	$2,924.29	Rent arrears to 12 July 2024
Water rates	$220.24	Water rates
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$3,164.97
Total payable by Tenant to Landlord	$3,164.97

Order

Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku owes Reliance Property Management Limited $3,164.97 (“the debt”) as detailed in the table below.
Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku must pay rent and the debt as follows: a. By one payment of $560.00 being rent to be paid on Saturday, 13 July 2024. b. By two payments of $860.00, being $760.00 for rent and $100.00 for the debt. The first payment to be made on Saturday, 20 July 2024 and the second to be made on Saturday, 27 July 2024. c. By four weekly payments of $780.00, being $760.00 for rent and $20.00 for the debt to be paid weekly on Saturdays. The first payment to be on 3 August 2024 and every Saturday thereafter, with the final payment being on 17 August 2024. d. By one final payment of $2,884.97, being rent arrears, water rates and the filing fee, to be paid immediately following termination of the tenancy.
The tenancy will terminate at 5:00pm on Tuesday, 20 August 2024 by consent of the landlord and tenant.
If the tenant fails to pay any of the matters specified in paragraph [2] above within 2 working days of the due dates: a. The tenancy at 18 Greenmeadows Avenue, Manurewa East, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
Maryanne Foueti Vaenuku, Paula Makoni, Apikale Vaenuku and Hateni Vaenuku must pay Reliance Property Management Limited $3,164.97, being rent arrears to 12 July 2024, water rates and the filing fee.

Reasons

The landlord attended the hearing by telephone. Apikale Vaenuku and Hatene Vaenuku attended the hearing on behalf of four tenants.
The landlord has applied for termination of the tenancy, rent arrears and outgoings. The tenant agrees that the tenancy should be terminated but wants to remain in the property until 20 August 2024.
As the applicant, the landlord is required to prove each claim to the civil law standard of proof, on the balance of probabilities.

Should an order for conditional termination be made?

The landlord’s application was filed on 17 April 2024. Termination was sought under section 56(1) of the Residential Tenancies Act 1986, as the tenant had been sent a 14-day notice to remedy rent arrears of $794.29 on 3 April 2024 and failed to do so. At the date the application was filed, the tenant was in arrears of $1,164.29 (10 days).
Section 56(2) of the Residential Tenancies Act 1986 requires the Tribunal to determine an application initially made by a landlord under section 56 under section 55 instead where, at the time of the hearing, the landlord could have made an application under section 55. In the present case, the landlord could have made an application under section 55, as the tenant was more than 21 days in arrears at the date of the hearing. At the date of the hearing, the tenant was in arrears of $2,924.29 (27 days).
Under section 55(1)(a) and (1A) of the Residential Tenancies Act 1986, the Tribunal must make either a final or conditional termination order where the rent is at least 21 days in arrears.
Throughout the tenancy, the tenant has been in a state of arrears at one time or another. The arrears began to consistently increase from early April 2024 up until the date of the hearing on 12 July 2024. Apikale Vaenuku advised the Tribunal that they this was because each tenant contributed a certain amount towards the total rent payment. Unfortunately, some tenants were not reliable in their co- payment of rent and she had to frequently follow them up.
The tenant agreed that the tenancy should terminate and sought until 20 August 2024 to get their affairs in order. The landlord was agreeable to this, provided that the tenant pay rent when due and make a small contribution towards the repayment of the debt in the meantime. The landlord advised the Tribunal that they intended to recoup most of the debt from the bond at the end of the tenancy.
Apikale Vaenuku advised the Tribunal that she would personally assume responsibility for the payment of rent between now and the end of the tenancy on 20 August 2024. Mrs Vaenuku submitted that the Tribunal could be assured that the rent would be paid on time, as there would be no need for her to chase other tenants for payment and there would not be any further breaches between now and the end of the tenancy.
I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order.
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986. Rent arrears
The landlord has applied for rent arrears and has provided rent records which prove the amount owing. I therefore find that they have proven this claim. Water rates
The landlord has applied for payment of outstanding water invoices and has provided invoices from the relevant water rates authority proving the amount owing. I therefore find that they have proven this claim. Filing fee
Because Reliance Property Management Limited has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4864509 — Rent arrears at 18 Greenmeadows Avenue, Manurewa East, Auckland

At a glance

Tenancy Tribunal case 4864509 — Rent arrears at 18 Greenmeadows Avenue, Manurewa East, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Should an order for conditional termination be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should an order for conditional termination be made?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions